TERMS AND CONDITIONS OF USE OF BARNET SERVICES

12 February 2025

This page sets out the Terms of Use (Terms) governing your use of any part of our network of digital platforms and services, which may include websites and applications (referred to collectively as Services) including: JADE, JADE World, JADE Legal Research Blog and the JADE Scholarship Library and for subscribers, JADE Professional and Pinpoint Press products.

You must comply and adhere to these Terms in order to access and use the Services. If you do not agree to these Terms, you do not have the right to access or use the Services. Your use of the Services (and any of the constitutive features, such as email notifications) constitutes your agreement to these Terms as well as any additional terms, conditions, notices and disclaimers provided to you by us. By using the Services you acknowledge, accept and agree that the Terms, including the Privacy Policy, will apply to the use and treatment of your account information and your Content (defined below) in accordance with these Terms.

These Terms are agreed between you (by which we include your servants and agents and any person otherwise acting on your behalf) and we/us, BarNetwork Pty Limited (ABN 32 092 121 198) with its registered office at Level 22, 52 Martin Place, Sydney, NSW 2000 Australia (BarNet).

You acknowledge that the Services are in active development. You are hereby informed and you acknowledge that the Services may not be error free and may not always operate as intended.

We may need to change these Terms from time to time to address changes to the law, our services and new technologies. We intend to announce such changes on our websites in advance and, if you have provided us with your email address and sufficient time permits, we will inform you of such changes by email before they take effect. There may be circumstances when we cannot notify you in advance of changes and if we reasonably believe it necessary to do so we may at any time (without giving any reason or justification):

change, limit, suspend, or discontinue any aspect of the Services, including the availability of any feature, database or content; and
change these Terms.

If we do change the Terms you are free to decide to stop using the Services. Your continued use of the Services after changes to the Terms take effect will constitute your agreement to the revised Terms. Additional terms apply for JADE Professional and Pinpoint Press subscriptions below.

Your general obligations

You must comply with these Terms and our Acceptable Use Policy.
You are granted a non-exclusive, non-transferable, revocable licence to access and use the Services for the purpose of your own research or study and for the provision of professional legal advice and services to your clients. Additional terms may apply for individual products.
JADE is not designed for or directed at children under the age of 18. We recommend that parents/teachers supervise children's access to material on the internet including material on the Services.

Content contributed by you is controlled by you

It is our policy to maintain your privacy when you use the Services. We implement and maintain security measures designed to protect your information from unauthorised access, destruction, use or disclosure. Please read our Privacy Policy for more information. Our Privacy Policy forms part of these Terms and use of the Services is subject to the terms of our Privacy Policy.

Regardless of the manner in which you access the Services, by default, we do not store a record of the cases, statutes, or documents you view. If you have a JADE account you can turn on your document viewing history and your search history is available only to you: the history is stored securely encrypted in your JADE account with your unique user key. JADE Professional users may upload documents which are then available to our search system, but only returned in results to the document owner, with access restricted further by an optional additional password. For Pinpoint Press subscribers, we keep a record of your purchases so that we can provide you with access to those purchases For more information about security in JADE please see our Security Measures Statement.

The following terms apply to any content including search terms, bookmarks, JADEmarks, tags, comments or other material which you may upload, contribute or submit in any format whilst using the Services (Content, including Content you choose to make publicly available on the Services such as feedback, questions and reviews (Public Content)):

Apart from the rights you grant to us in these Terms, we acknowledge and agree that we do not obtain any right, title or interest from you in relation to your Content and you retain all right, title and interest in your Content.
You grant to us a royalty free, non-exclusive, perpetual, worldwide licence of: (i) the Content to allow processing, maintenance, storage, technical reproduction, back-up, communication and related handling necessary for the operation and maintenance of the Services; and (ii) the Public Content to use, edit, publish, reproduce and communicate for any purpose (including on all current and future versions of the Services and associated products and services). Content contributed by JADE Professional subscribers to their BriefCase, Personal Library, and for analysis are not public. Content contributed by Pinpoint Press subscribers to their annotations are not public.
If you have a JADE account, you can grant other JADE users access to your Content using sharing functionality and can remove this at any time. This does not apply to Pinpoint Press products.
You are solely responsible for your Content.
You warrant that your Content is your own original work, is not defamatory, does not infringe the rights of any person, is not unlawful and that you have the right to contribute that Content to the Services and give us permission to use that Content in accordance with these Terms.
We may from time to time need to contact you for administrative or verification purposes in relation to your Content. For details of when and how we may contact you please refer to our Privacy Policy .
Your Public Content (if you contribute any) may or may not be pre-screened by us. All Public Content published on the Services is published at our sole discretion and may be edited, removed or not published by us for any reason.
In submitting Public Content for inclusion in the Services you do so on the basis that attribution of authorship of such contributions may not always be included on the Services and will be subject to our editorial policies.

JADE Professional - Additional terms

JADE offers free and paid services. For subscribers to JADE Professional the following additional commercial terms also apply. Additional terms may apply to enterprise subscribers to JADE Professional.

(a) Term

By purchasing JADE Professional you select and agree to a monthly or annual subscription. Payment is made at the time you place your order for a Professional Subscription and on each renewal until you terminate the subscription.

As your subscription is pre-paid for a monthly or annual term, if you choose to cancel prior to the renewal date your cancellation will not be effective until the end of your current subscription term. You will still receive access to JADE Professional until the end of your subscription term. You agree to take responsibility for cancelling your subscription at least 3 working days before the renewal date. To find out when your subscription renews please log into your account.

If we terminate your subscription because of your violation of these Terms you will lose access to JADE Professional upon termination and will not receive any refund.

(b) Fees

Payment is to be made by credit card (AMEX, Mastercard or VISA). Payments must be made in Australian Dollars. Should you wish to pay by other means ie. Direct deposit via EFT, please email help@jade.io with this request.

When you sign up to JADE Professional you are agreeing that you will fulfill your obligation to pay for JADE Professional by the date on which the payment is due.

Credit card transactions are processed by our ecommerce provider. We do not store credit card information on our own systems.

Of course, our prices for JADE Professional don’t cover any third-party fees you incur in connection with using JADE Professional including charges for internet access from your internet service provider.

You can find the current prices for JADE website. Any applicable taxes are calculated based on the billing information you provide and the applicable tax rate at the time of your subscription charges.

From time to time we may change the service inclusions of JADE Professional and/or subscription fees, but we will send advance notice of these changes to you by email to the address you have provided to us in your account. These changes will not apply until the expiration of your current billing cycle and will become effective the next time you would be charged for JADE Professional. If you do not agree with the new fees you may simply terminate your JADE Professional subscription by sending an email to help@jade.io. We agree to give you no less than 30 days’ notice of any change to the subscription fee.

From time to time we may offer access to JADE Professional according to a free trial, special code or offer (Limited Offer). If you are accessing JADE Professional through a Limited Offer any separate terms and conditions presented to you with the Limited Offer will also apply to your access to JADE Professional. We also reserve the right to enable free access to part or all of JADE Professional for periods of time and you will not be eligible for a full or partial refund of your subscription fees if we do this.

Pinpoint Press - Additional terms

Pinpoint Press offers access to ebooks and other content by subscription via our proprietary platform. For subscribers to Pinpoint Press products the following additional terms apply.

We license, but do not sell, to you any Pinpoint Press product you purchase access to. All licenses are non-transferable, meaning they cannot be shared or assigned to any other person. Purchase of a subscription to a Pinpoint Press product grants you specific access rights as described in the product details and these Terms, but ownership of the underlying content remains with us or the product’s author, as applicable.

(a) Term

By purchasing a Pinpoint Press product you agree to a fixed-term subscription to a digital product as set out in the product description. Note that access to the product may be delivered incrementally over a period of 12-13 weeks on the direction of the author and as set out in the product description. Payment is made at the time you place your order for a Pinpoint Press product and on each renewal.

As your subscription is pre-paid for a fixed term, if you choose to cancel prior to the expiry date your cancellation will not be effective until the end of your current subscription term. You will still receive access to the Pinpoint Press product until the end of your subscription term. To find out when your subscription expires please log into your account.

If we terminate your subscription to a Pinpoint Press product because of your violation of these Terms you will lose access to any Pinpoint Press products you have purchased upon termination and will not receive any refund.

(b) Fees

Access to your Pinpoint Press product will be made available immediately or in accordance with the product description once payment is authorised. You acknowledge that there are no refunds once you authorise payment, therefore, you will not have the right to change your mind once your access has started.

Where you pay to access any paid-for Pinpoint Press product, we warrant that it will, when accessed substantially comply with the description provided by us at the point of access and that any services we provide through it will be provided with reasonable care and skill.

When you purchase a subscription to a Pinpoint Press product you are agreeing that you will fulfill your obligation to pay for such subscription by the date on which the payment is due.

Credit card transactions are processed by our ecommerce provider. We do not store credit card information on our own systems.

Of course, our prices for Pinpoint Press products don’t cover any third-party fees you incur in connection with using Pinpoint Press products including charges for internet access from your internet service provider.

Any applicable taxes are calculated based on the billing information you provide and the applicable tax rate at the time of your subscription charges.

From time to time we may change the service inclusions of a Pinpoint Press product and/or subscription fees, but we will send advance notice of these changes to you by email to the address you have provided to us in your account. These changes will not apply until the expiration of your current subscription and will become effective only if you renew your subscription..

From time to time we may offer access to Pinpoint Press products according to a free trial, special code or offer (Limited Offer). If you are accessing a Pinpoint Press product through a Limited Offer any separate terms and conditions presented to you with the Limited Offer will also apply to your access to the product. We also reserve the right to enable free access to part or all of a Pinpoint Press product for periods of time and you will not be eligible for a full or partial refund of your subscription fees if we do this.

Our responsibilities and your liabilities

Whilst we attempt to ensure that information included on the Services is accurate and reliable, because of the possibility of human and mechanical error and other factors we do not accept any responsibility for any errors. If you find an error or a problem on the site, please let us know at help@jade.io. If you find an error or a problem on the Pinpoint Press site or with any Pinpoint Press product, please let us know at support@pinpoint.press

You are responsible for making your own assessment of the suitability of the Services for your purposes and any information or advice generated from the use of the Services. We do not give any guarantee, undertaking or warranty that the Services and any services and materials accessed through the Services will be continuously available, uninterrupted or error-free and make no warranties concerning the Services other than those set out in these Terms. You must ensure that you have compatible device which meets all the necessary technical specifications to enable you to access any part of the Services. We may change features or functionality by updating any part of our services and making such updates available to you including, where your device settings permit it, by automatic delivery of updates. You are not obliged to download or access any updates, but we may cease to provide and/or update content to prior versions of and, depending on the nature of the update, in some circumstances you may not be able to continue using a product or service until you have accepted the updated version.

These Terms do not exclude or limit any guarantee, condition, warranty, right or liability implied by law (including by the Australian Consumer Law in the Competition and Consumer Act 2010), the exclusion of which would contravene the law or cause these Terms to be void (Consumer Guarantees). These Terms are to be read subject to such Consumer Guarantees.

Our liability to you for breach of any term of these Terms or of any non-excludable consumer warranties is limited, at our option (and to the extent allowed by law), to repairing or re-supplying the Services or refunding any subscription payment you have made to us which we will treat as the cost of re-supplying the Services.

We will not be liable to you for any loss of data or corruption of data, information, revenue, profit or business opportunity or for any damage to goodwill or reputation which is suffered by you in any way arising from your use of or inability to use the Services.

You agree to indemnify us against all costs, expenses, loss or liability that we may suffer resulting from your breach of these Terms or your misuse of the Services (excluding any losses we incur arising out of our own gross negligence, wilful misconduct or breach of contract).

We will not be responsible for any loss or damage arising from circumstances outside our reasonable control. Neither we or you will be liable for any indirect, special or consequential losses or damages of any nature arising in connection with use of the Services.

Links from and to our Services

The Services may include links to third party sites and material and may use third party services to supply the Services, such as for training and events. Use of such material is governed by terms of use and copyright policies as set out on those sites. We do not control those sites and are not responsible for the contents of any third-party sites, any links contained in third-party sites, any changes or updates to third-party sites, or their privacy practices, which may differ from those of the Services.

If you are interested in making a link from your site to any part of the Services, please contact help@jade.io to submit your interest in writing.

Our Intellectual Property Rights

The Services contain our proprietary material and may contain material licensed from third parties which is protected by copyright and other laws. We retain all rights in the sites and our materials included in the the Services.

We or third parties own all right, title and interest (including intellectual property rights) to the Services including all software, content, data, inventions and ideas developed in connection with the Services. Software used in the Services is protected by applicable copyright, patent or other intellectual property rights of ours or third parties. We reserve all our rights not expressly granted under these Terms.

You may not use the Services in any way that infringes the copyright or other proprietary rights in the Services including material accessed through the Services. You may not remove or obscure any copyright notice or other notice on the Services or on material accessed through the Services.

Our trade marks include JADE, BarNet and the BarNet star device together with other names, logos, product and service names, designs and slogans used in connection with our business. The trade marks on JADE belong to us or our licensors and can only be used with our permission and in accordance with any restrictions specified by us.

Termination and suspension of the Services or of your account

If we reasonably believe it is necessary to do so to maintain or restore any part of the BarNet network we may temporarily suspend or restrict all or any part of the Services.

We may, without liability, immediately suspend or restrict your access to any part of the Services if:

there is an emergency or other event outside our reasonable control which means that we are temporarily unable to provide the applicable Services to you; or
you misuse the Services or fail to comply with your obligations as to the use and access of the Services as set out in these Terms.

You can download and export your Content prior to the termination of your account (or if you are a JADE Professional or Pinpoint Press subscriber, prior to the expiration or termination of your subscription) and we may delete your Content after such expiration or termination. If your account is terminated by us because of your violation of these Terms you may not download or export your Content or set up any new accounts or subscriptions without prior written permission from us.

General

If any provision of these Terms are held to be void or unenforceable then such provision will be taken to be removed from these Terms. The remaining provisions will continue to have full effect.

If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.

Governing Law

These Terms are governed by the laws of the state of New South Wales, Australia and the courts of New South Wales have exclusive jurisdiction to decide any matter arising out of these Terms. Any offer of a JADE Professional or Pinpoint Press subscription and any such subscription purchased is deemed to be provided to you in New South Wales, Australia, even if you are located elsewhere.